Telangana High Court

WP/19997/2020 of Khaja Habeeb Ur Rahman Vs The State of Telangana and 3 others on 31 December 2020

THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 19997 OF 2020 Between: Khaia Rio.H 1. 2. 3. 4. Habeeb Ur Rahman, S/o. Khaja Sherief, Aged

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)

THURSDAY, THE THIRTY FIRST DAY [OF ][DECEIVBER]TWO THOUSAND AND TWENTY

PRESENTTHE HONOURABLE DR. JUSTICE [SHAMEEM AKTHER]

WRIT PETITION NO: 19997 OF [2020]

Between:

KhaiaHabeeb Ur Rahman, S/o. Khaja [Sherief, Aged about ][62 ][years, ][Occ.Business,]Rio.HNo.10-3-67/1/g,NewStreet,Humayannagar,Hyderabad ...pETlTlONER

AND

1.The State of Telangana, [Rep.by its Principal Secretary, Revenue ][Department,]Secretariat, Hyderabad.2.The Districi Cirllector, Ranga Reddy [District at Lakidikapool, ]!V!egU993.The Revenue Divisional Officer, [Ch-evella ][Revenue Division, R.R. ][District]4.fne finsitaar, IVandal Revenue [Office, Chevella Mandal, ][Ranga-Rediy.D. ][istrig!^]Secretariat, Hyderabad.2.The Districi Cirllector, Ranga Reddy [District at Lakidikapool, ]!V!egU993.The Revenue Divisional Officer, [Ch-evella ][Revenue Division, R.R. ][District]4.fne finsitaar, IVandal Revenue [Office, Chevella Mandal, ][Ranga-Rediy.D. ][istrig!^]

.,.RESPONDENTS

Petition under Article [226 ][o1 ][the constitution ][of ][lndia ][praying ][that in ][the]circumstances stated [in ][the ][affidavit ][filed ][therewith, ][the ][High ][court ][may be ][pleased]to issue a writ, order [or ][direction more ][particularly ][one ][in ][the ][nature of ][wRlT ][oF]IVANDAIUUS to declare the [action ][of ][the ][Respondents ][in ][not ][issuing ][the ][e-pass]books against the land [of ][the ][Petitioner ][in ][Sy.No. ][185 ][to ][an extent of Ac.01.39 ][gts.,]situated at Nrludimala [Village, ][chevella ][Mandal, Ranga Reddy District though ][the]mutation [proceedings were issued ][in ][favour ][of ][the ][Petitioner as illegal, arbitrary ][and]null and void and consequently [direct ][the ][Respondents ][to ][issue e-pass books ][in]favour of the Petitioner A NO: 1 OF 2020

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Petition under section [151 CPC ][praying ][that ][in ][the ][circumstances ][stated ][in]the affidavit filed [in ][support of ][the ][petition, ][the ][High ][court ][may be ][pleased ][to ][d_irect]the Respondents [to ][consider ][the ][representation ][of ][the ][Petitioner daled ][2911012019]and 04/i 1l2Oi9 for [issuing ][e-pass book in ][respect ][of ][the ][lands ][in ][Sy.No ][l85 ][to ][an]extent of Ac.01.39 [gts., ][situated ][at ][Mudimala ][village, chevella ][lvandal, ][Ranga]Reddy District, [pending ][finalization ][of ][the writ ][petition]

Counsel for the Petitioner: [SRI ][J.KANAKAIAH]

Counsel for the [Respondents: ][GP FOR ][REVENUE]

The Court made the [following: ][ORDER]

THE HON'BLE Dr. JUSTICE SHAMEEM [AKTHER]

WRIT PETITION No.19997 oF 2020

ORDER:

This Writ Petition, under Article [226 ]of the [Constitution of]India is filed by the [petitioner, ]wherein the [following prayer ][is]made:

"... to issue a writ, order or direction more [particularly ][one]in the nature of WRIT OF MANDAMUS to declare [the]action of the Respondents in not issuing the e-pass [books]against the land of the Petitioner in Sy.No.185 [to ][an]extent of Ac,01.39 gts., situated at [Mudimala ][Village,]Chevella 14andal, Ranga Reddy District though [the]mutation proceedings were issued in favour of [the]Petitioner as illegal, arbitrary and null and vold [and]consequently direct the Respondents to [issue ][e-pass]books in favour of the Petitioner and [pass ][such ][other]order or orders ...."in the nature of WRIT OF MANDAMUS to declare [the]action of the Respondents in not issuing the e-pass [books]against the land of the Petitioner in Sy.No.185 [to ][an]extent of Ac,01.39 gts., situated at [Mudimala ][Village,]Chevella 14andal, Ranga Reddy District though [the]mutation proceedings were issued in favour of [the]Petitioner as illegal, arbitrary and null and vold [and]consequently direct the Respondents to [issue ][e-pass]books in favour of the Petitioner and [pass ][such ][other]order or orders ...."

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2. Heard the learned counsel for both sides and [perused the]record.

2. Heard the learned counsel for both sides and [perused the]record.

3. Learned counsel for the [petitioner ]would submit [that ][the]petitioner purchased lands admeasuring Ac.0-08 gts. andAc.1-31 gts. in Survey No.185 situated at Mudimala [Village,]Chevella Mandal, Ranga Reddy District, by way of [registered ][Sale]Deeds, dated 06.01.2018, from its lawful owners. [Thereafter, ][the]petitioner made an application under Section 4 (1) of the Rightsin Land and Pattadar Pass Books Act, 1971, before respondentNo.4-Thasildar, Chevella Mandal. Pursuant to the [same,]mutation proceedings, dated 30.05.2018, were [issued ][in ][favour]of the [petitioner ]and his name was also [entered ][in ][1-B ][pahani.]Thereafter, the petitioner made representations, dated

29. L0.2079 and 04,11.2019, before respondent No.3-RevenueDivisional Officer, ihevella Revenue Division, Ranga ReddyDistrict, seeking to issue pattadar pass book and title deeds inrespect of the subject land, but till date, no action has beentaken on the said representations and ultimately, prayed togrant the relief sought for in this Writ Petition, as indicateda bove.

4, There is no much contest by the learned AssistantGovernment Pleader for Revenue with regard to the submissionsmade on behalf of the petitioner.

5. There is no dispute with regard to the filing ofrepresentations, dated 29.10.2019 and 04.11.2019, by thepetitioner. Admittedly, no action has been taken on the saidrepresentations so Far. Much time has been elapsed. By thistime, the respondent authorities ought to have disposed of thesa id re [p ]rese ntations.

6. Under these circumstances, respondent No.2-DistrictCollector, Ranga Reddy District; respondent No.3-RevenueDivisional Offlcer, Chevella Revenue Division, Ranga ReddyDistrict and respondent No.4-Tahsildar, Chevella Mandal, RangaReddy District, are directed to examine and dispose of therepresentations, dated 29.10.2019 and 04.11.2019, submittedby the petitioner, in accordance with law, within a [period ]oftwo (2) months from the date of receipt of a copy of this order.

To

7. With the above directions, this Writ Petition is disposed of.There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed, SD/. R.KARTHIKEYANASSISTANT REGISTR//TRUE COPY//

SECTION OFFICER

1. The District Collector, Ranga Reddy District at Lakidikapool, Hyderabad.

2. The Revenue Divisional Officer, Chevella Revenue Division, R.R. District.

3. The Tahsildar, Ivlandal Revenue Office, Chevella Mandal, Ranga Reddy District.

4. One CC to Sri J.Kanakaiah, Advocate [OPUC]

5, Two CCs to GP for Revenue, High Court for the State of Telangana atHyderabad [OUT]6. Two CD CopiesKj-F- HIGH COURT

DATED:31 11212020

ORDER

WP.No.19997 ot [2020]

DISPOSING OF THE [WRIT ][PETITION]WITHOUT COSTS.

o(,)

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